@Burnsy2023, OEM Vista re-activation with new MB

d.chatten · 3 Dec 2007 at 02:28

I have just been reading a thread over at the Windows Vista Validation Issues (Windows Vista) forum on the microsoft website HERE that seems to suggest, if someone buys their own components along with Windows Vista OEM and builds his own system from the said components, he is then allowed by the OEM license to change the motherboard at a later date and reactivate the very same OEM version of Vista using the very same product key, the reason that this is possible according to the thread above is because the person who purcheses the components and builds the system is also the manufacturer of the machine, this in turn allows him to change the motherboard and reactivate Vista OEM and still be legaly licensed.

Would it be at all possible for you to find out if this is true? if this is true then i have waisted over £200 on the retail version of Vista and in the future i will be purchasing the OEM versions.

Thanks!

rah^ · 3 Dec 2007 at 03:14

i never had a problem activating my oem copy of vista after a whole new pc build.

i think it was as bad as ringing up and handing over the good knows how many numbers and away i went altho not sure if i could do it again will try soon once i get another machine

stoofa · 3 Dec 2007 at 12:57

No - they are incorrect.
As you will have noticed there are no Microsoft employee's answering that thread.
If it was a simple as the person in that thread seemed to indicate I think everyone would be doing it that way.
However it isn't.
I shall attempt to dig out the actual wording of the EULA - although I expect Burnsy will be able to post reference to it before I find it.

A faulty motherboard can be replaced - either by the same make/model or whatever the company decides to send you as a replacement under warranty.
Windows can then be reactivated.

However upgrading the motherboard is entirely different.
This is not being done under any kind of warranty at all - it is simply removing your old motherboard (along with the license) and installing a new upgraded one.
This is certainly not classed as a warranty replacement - it is an upgrade.

As has been said before, what you can physically do and what you can legally do are two entirely different things.
Upgrade your motherboard and physically get your OEM product reactivated - chances are yes.
Upgrade your motherboard, physically get your OEM product reactivated and still be license legal - definitely not.

ChrisB · 3 Dec 2007 at 13:05

stoofa said:
No - they are incorrect.
As you will have noticed there are no Microsoft employee's answering that thread.

'Darin Smith MS' Works for MS, albeit in the WGA dept

Burnsy2023 · 3 Dec 2007 at 21:37

Being a system builder as well as a end user has been a bit of a grey area when it comes to OEM licensing.

HOWEVER, stoofa is correct in saying that it is the reason behind the replacement that is key. Microsoft have always said that they do not want to discriminate against licencees who have had real hardware faliure. Therefore they adivsed a certain amount of flexability for system builders who cannot perform like for like MB replacements, for reasons out of their control such as the MB being discontinued or otherwise difficult to get hold of. But, yet again Microsoft have said this is NOT an excuse to "transfer by the back door" and so the replacment must be as similar as possible. Microsoft have also stated that any end user must have the motherboard replaced under a warrenty scheme, and although there is some ambiguouity on who that warrenty lies with, it is accepted it should be with the manufacturer first and foremost.

As has been always the case, there is a certain level of trust within this proceedure and getting activated is much easier then being correctly licenced.

The spirit of the licence always has been to allow replacments of failed hardware and not facilitate the transfer of licence to what is effectively a new computer.

No, in short, you still can't replace the motherboard for any other reason bar hardware faliure.

Oh, and the link doesn't work for me

Burnsy

Fire Wizard · 3 Dec 2007 at 21:54

The link doesn't seem to be working for me now. Anyway here is the post that d.chatten is referring too.

If the case was, if you have purchased the OEM version and have the right to move it from one system to another (Which isn't the case) then a question that may be raised is, "Where does the Retail license come into play"....

rah^ said:
i never had a problem activating my oem copy of vista after a whole new pc build.

Hey rah, as said before, what you can physically do is completely different to what you can do legally and the fact being is, you are now no longer licensed or have the right to use Windows Vista.

Slam62 · 3 Dec 2007 at 21:58

Yes, if you build the computer, you are seen as the 'Manufacturer'. The Licensing agreement says that "The replacement motherboard must be the same make/model or the same manufacturer’s replacement/equivalent, as defined by that manufacturer’s warranty." Since you are the 'Manufacturer' you can define your manufacturer’s warranty any way you wish in regards to 'manufacturer’s replacement/equivalent' motherboard.

Also, Carey is correct, you will need to Activate by Phone and talk to a Live Activation Rep.

hmmm

happy xmass

Burnsy2023 · 3 Dec 2007 at 22:12

The above statement only applies to a motherboard faliure only and there has been OEM Partner bullitins stating that this is the case.

Anyone got a copy of the Vista OEM EULA to hand? I don't recall that particular statement

Burnsy

Burnsy2023 · 3 Dec 2007 at 22:47

A nice quote to backup everything I've just said:

MS said:
An upgrade of the motherboard is considered to result in a "new personal computer" to which Microsoft OEM operating system software cannot be transferred from another computer. If the motherboard is upgraded or replaced, for reasons other than a defect, then a new computer has been created and the license of new operating system software is required.
If the motherboard is replaced because it is defective, you do not need to acquire a new operating system license for the PC. The replacement motherboard must be the same make/model or the same manufacturer’s replacement/equivalent, as defined by that manufacturer’s warranty.

http://oem.microsoft.com/script/contentPage.aspx?pageid=552862&wa=wsignin1.0

Burnsy

d.chatten · 4 Dec 2007 at 03:59

I understand how OEM licensing works, hence my purchase of the retail version of Vista, i just wanted an informed opinion on this matter as this could potentially become a loophole in the OEM license for the "not so honest" self builders out there to take advantage.

Anyway Burnsy2023 and the rest of you guys, thanks for your input , much appreciated, also, i'm now very happy i purchased the retail version of Vista even if it did cost me just over £400 for two copys, at least i can upgrade any component i want as many times as i want, including the motherboard, and still be legally licensed.

Thanks!

Slam62 · 4 Dec 2007 at 18:36

d.chatten said:
I understand how OEM licensing works, hence my purchase of the retail version of Vista, i just wanted an informed opinion on this matter as this could potentially become a loophole in the OEM license for the "not so honest" self builders out there to take advantage.

Anyway Burnsy2023 and the rest of you guys, thanks for your input , much appreciated, also, i'm now very happy i purchased the retail version of Vista even if it did cost me just over £400 for two copys, at least i can upgrade any component i want as many times as i want, including the motherboard, and still be legally licensed.

Thanks!

£400

Fire Wizard · 4 Dec 2007 at 19:43

d.chatten said:
snip

Good stuff d.chatten.

Slam62 said:
£400

Hey Slam62, remember that's for 2 Retail Copies.

Typhoon · 4 Dec 2007 at 22:27

When I replaced my Commando MB for the present one I didn't need to speak to any one to reactivate, all automated on the phone.

d.chatten · 4 Dec 2007 at 23:47

Typhoon said:
When I replaced my Commando MB for the present one I didn't need to speak to any one to reactivate, all automated on the phone.

The problem with this is, if you upgraded your motherboard and there was no fault with the old one then you are no longer legally licensed, presuming you are using an OEM license.

stoofa · 5 Dec 2007 at 12:49

Typhoon said:
When I replaced my Commando MB for the present one I didn't need to speak to any one to reactivate, all automated on the phone.

As has been said many a time.
What you can physically do and legally do are two entirely different things.
Yes you physically reactivated without a problem, however legally you can't.
So basically at this moment you are no more license legal than somebody who downloaded Windows from a torrent site and hasn't paid a thing for Windows.

If I go out drink driving I'll lose my driving license.
Once I've lost my driving license I can still get in to a car, start it up and drive it (physically can be done).
However I do not hold a valid license to do it (legally).

Jfan · 5 Dec 2007 at 15:01

I really cant see the problem, you should be able to upgrade your motherboard along with everything else in the machine, as long has that copy of windows is only being used on one machine, i dont see what the issue is

cept for the people that have paid for a retail copy being a bit miffed

Burnsy2023 · 5 Dec 2007 at 15:10

Jfan said:
I really cant see the problem, you should be able to upgrade your motherboard along with everything else in the machine, as long has that copy of windows is only being used on one machine, i dont see what the issue is

cept for the people that have paid for a retail copy being a bit miffed

The same could be said with an anology such as a train ticket. I don't see the problem in people using a single one way ticket all year round, as long as they use it on the same route by the same person.

'Cept the season ticket holders would be a bit miffed

Burnsy

Fire Wizard · 5 Dec 2007 at 15:10

Jfan said:
I really cant see the problem, you should be able to upgrade your motherboard along with everything else in the machine, as long has that copy of windows is only being used on one machine, i dont see what the issue is

Hey Jfan, that's what the Retail version is for.

(Sorry, I think I misunderstood what you said)

div0 · 5 Dec 2007 at 15:34

Jfan said:
I really cant see the problem, you should be able to upgrade your motherboard along with everything else in the machine, as long has that copy of windows is only being used on one machine, i dont see what the issue is

cept for the people that have paid for a retail copy being a bit miffed

So you want the benefits of Retail, but for the price of OEM?

If you want to be able to upgrade the motherboard and stay legal - buy Retail, its simple.

Slam62 · 5 Dec 2007 at 17:40

Crikey using oem on a new motherboard is the same as drink driving or reusing a train ticket every day (hmm I wonder how many people would do that if they could get away with it)

I think the season ticket holders are already miffed